Children's Law News 2010

CLN 2- November 2010

Children's Court decisions

In the Matter of "Troy" - Judge M. Marien SCLeave to bring an application to rescind a care order –significant change in any relevant circumstances – meaning of "significant change in any relevant circumstances" –arguable case – meaning of "arguable case" – application of the least intrusive intervention principle.

Re: "Hamilton" - Judge M. Marien SCApplication to rescind a care order and restore one child to the father – application for restoration abandoned – application for a contact order sought instead – whether contact with the father is in the best interests of the children – father has a serious criminal record for sexual offences against children and for indecent exposure – children exposed to domestic violence between the parents – possible sexual abuse and sexual grooming of the children by the father – meaning of "unacceptable risk of harm" – meaning of "permanency planning" – no realistic possibility of restoration – whether permanency planing has been appropriately and adequately addressed – importance of maintaining contact between siblings who are not placed together – children with special needs – autism and post traumatic stress disorder.

In the Matter of "Victoria" and "Marcus" - Judge M. Marien SCLeave to bring an application to rescind a care order – application of Aboriginal and Torres Strait Islander Placement Principles – importance of encouraging and preserving the children's Aboriginal cultural identity – children with special needs – autism.

Police v NS - Mulroney CMAdmissibility of fingerprint evidence – whether evidence obtained under the
Crimes (Forensic Procedures) Act 2000 or
Law Enforcement (Powers and Responsibilities) Act 2002 – no application was made to a magistrate for an order for a forensic procedure – whether fingerprints taken in order to "identify a person who is in lawful custody" or to match them to fingerprints found at the scene of the crime– young person's fingerprints were already on police database.

CLN 1 - May 2010

Children's Court Decisions

DPP v JJM and ALW – Lerve CMMatters to be taken into consideration when determining whether to exercise the discretion under section 31 of the
Children (Criminal Proceedings) Act 1987 and commit the young persons to the District Court to be dealt with according to law.

Police v AR – Judge M. Marien SCChildren's Court – fitness to plead – dismissal of charges –matters to be taken into consideration when determining whether to discharge some of the offences under s32 of the
Mental Health (Forensic Provisions) Act 1990.

Re: Alison Claire, Lauren Donovan and Victoria Claire – Denes CMDetermining whether there is a realistic possibility of restoration - Do the care plans for each of the children adequately identify and consider permanency planning - What contact orders need to be made, especially if the children remain separated from each other.